Orphan works legislation is an issue of growing interest in Congress and among copyright owners and copyright users. It is also an issue that I have been involved in since 2005 when I drafted one of the letters to the Register of Copyrights Marybeth Peters by then Intellectual Subcommittee Chairman Lamar Smith of Texas asking the Register to undertake a comprehensive study of orphan works. As Subcommittee Counsel, I was responsible for the original version of the legislation that was introduced in 2006. That legislation was entitled the Orphan Works Act of 2006, or H.R. 5439. The latest versions of the legislation, the Orphan Works Act of 2008 (H.R. 5889 and S. 2913), are based upon the 2006 version with some significant changes. Use the links above to learn more about the legislation.

The most recent Congressional hearing on orphan works legislation was held on March 13, 2008 in the Intellectual Property Subcommittee of the U.S House of Representatives Judiciary Committee. I had the honor of serving as counsel to this Subcommittee from 2003 to 2007 and served as the lead counsel on orphan works legislation during this time. Orphan works legislation is expected to move through Congress after significant progress was made on the issue in 2005 and 2006. Both of the most recent votes on orphan works legislation were unanimous voice votes (individual Member votes were not recorded). Orphan works legislation could be signed into law by the President as early as the fall of 2008, although there are only a few more weeks that Congress will be in session.

This website is focused on the orphan works policy issue and its current legislative prospects. Orphan works legislation has been strongly supported by some, and strongly opposed by others. As is typical in politics, you are better off deciding for yourself whether to support or oppose orphan works legislation, rather than relying on the arguments of others.

And if you can’t already tell from this website, I’m an attorney, not a graphic artist.

Joe Keeley